Derived Citizenship: How a Child Becomes a U.S. Citizen Through a Parent
Derived citizenship is the older name for a child becoming a U.S. citizen after birth because a parent is, or becomes, a citizen. USCIS notes that current law speaks only of "acquisition" of citizenship, and that section 320 of the Immigration and Nationality Act (INA) is now the way a child under 18 living in the United States automatically gains citizenship after birth.
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What it is
Under INA 320, a child born outside the United States automatically becomes a citizen when all of these are true:
- At least one parent is a U.S. citizen, by birth or by naturalization. This includes an adoptive parent.
- The child is under 18.
- The child is a lawful permanent resident.
- The child lives in the United States in the legal and physical custody of the citizen parent.
All conditions must be met at one point in time before the child's 18th birthday. USCIS says the rules apply to those who met them on or after February 27, 2001, the date the Child Citizenship Act of 2000 took effect.
Proving it
Citizenship under these rules happens automatically, but a person may want proof. USCIS says a person can file Form N-600 for a Certificate of Citizenship or apply for a U.S. passport. Evidence of custody and residence can include school, medical or tax records showing the child lived with the citizen parent. Custody is generally decided by state law or a court order. Check the current USCIS instructions for the evidence your case needs.
Frequently asked questions
Is derived citizenship the same as citizenship at birth?
No. Citizenship at birth (INA 301 and 309) applies to a child born abroad to a U.S. citizen parent. Derived or automatic citizenship under INA 320 happens after birth, once the listed conditions are met.
Does the child need to do anything to become a citizen?
The citizenship itself is automatic when the conditions are met. A Certificate of Citizenship (Form N-600) or a passport is how a person documents it.
Who decides legal custody?
USCIS says legal custody is generally determined by state law or a court order. For divorced or separated parents, the most recent court decision controls.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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